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ACT No. 330
Regular Session, 2013
HOUSE BILL NO. 661
BY REPRESENTATIVES WESLEY BISHOP AND BROSSETT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 17:3973(2)(a) and (b)(v)(aa), 3991(B)(1)(d) and (23) and (H),2
3995(A)(1)(introductory paragraph) and (c) and (4)(a) and (B), and 3996(C) and (G)3
and to enact R.S. 17:3973(2)(b)(v)(dd) and (vii) and 3995(A)(3), (H), (I), and (J),4
relative to charter schools; to create a Type 3B charter school; to provide relative to5
charter school funding including funding for Type 3B charter schools; to provide for6
the applicability of certain provisions to Type 3B schools including student7
enrollment, acquired assets, and budget submission; to provide that a Type 5 charter8
school shall be considered the local education agency for funding purposes; to9
provide relative to administrative fees charged to certain charter schools; to provide10
for rules adopted by the State Board of Elementary and Secondary Education; to11
provide for definitions; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 17:3973(2)(a) and (b)(v)(aa), 3991(B)(1)(d) and (23) and (H),14
3995(A)(1)(introductory paragraph) and (c) and (4)(a) and (B), and 3996(C) and (G) are15
hereby amended and reenacted and R.S. 17:3973(2)(b)(v)(dd) and (vii) and 3995(A)(3), (H),16
(I), and (J) are hereby enacted to read as follows:17
§3973. Definitions18
As used in this Chapter, the following words, terms, and phrases shall have19
the meanings ascribed to them in this Section except when the context clearly20
indicates a different meaning:21
* * *22
(2)(a) "Charter school" means an independent public school that provides a23
program of elementary or secondary education, or both, established pursuant to and24 ENROLLED HB NO. 661
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in accordance with the provisions of this Chapter to provide a learning environment1
that will improve pupil achievement. Nothing in this Chapter shall be construed to2
prohibit a Type 1, Type 1B, Type 2, Type 3, Type 3B, or Type 4 charter school from3
having a residential component.4
(b)5
* * *6
(v)(aa) Type 5, which means a preexisting public school transferred to the7
Recovery School District as a school determined to be failing pursuant to R.S.8
17:10.5 or 10.7 and operated as the result of and pursuant to a charter between a9
nonprofit corporation and the State Board of Elementary and Secondary Education,10
or between a nonprofit corporation and a city, parish, or other local school board or11
other public entity in the case of the renewal of a Type 5 charter of a school that has12
been transferred back to the jurisdiction of the local school board or other public13
entity pursuant to R.S. 17:10.5(C). The chartering authority shall review each Type14
5 charter proposal in compliance with the Principles and Standards for Quality15
Charter School Authorizing as promulgated by the National Association of Charter16
School Authorizers. Except as otherwise provided in R.S. 17:10.7 or 1990, and17
notwithstanding the provisions of R.S. 17:3991(B)(1), within such Type 5 charter18
school, only pupils who would have been eligible to enroll in or attend the19
preexisting school under the jurisdiction of the city, parish, or other local public20
school board or other public school entity prior to its transfer to the Recovery School21
District may attend. However, all such pupils shall be eligible to attend22
notwithstanding any other provision of this Chapter to the contrary.23
* * *24
(dd) A Type 5 charter school that is transferred from the Recovery School25
District to the administration and management of the transferring local school system26
pursuant to R.S. 17:10.5 or 10.7 and rules adopted by the state board shall no longer27
be determined to be failing and shall be converted to a Type 3B charter school.28
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(vii) Type 3B, which means a former Type 5 charter school transferred from1
the Recovery School District to the administration and management of the2
transferring local school system pursuant to R.S. 17:10.5 or 10.7 and rules adopted3
by the state board. The local school board shall permit a Type 3B charter school to4
remain in the facility in which it was located at the time of transfer or shall provide5
the Type 3B charter school with another facility for use. Pursuant to rules and6
regulations adopted by the state board, the state board may require a Type 3B charter7
school to participate in unified processes common to other public schools located in8
the same parish or school district boundaries that are critical to providing equity and9
access to students and families, such as processes for student enrollment, expulsion,10
and transportation.11
* * *12
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation13
* * *14
B. Each proposed charter shall contain or make provision for the following:15
(1)16
* * *17
(d) The provisions of R.S. 17:3991(B)(1) and (3) this Paragraph and18
Paragraph (3) of this Subsection shall not apply to Type 5 or 3B charters.19
* * *20
(23) Provisions regarding the security of the school. If a local school board21
provides security services for its schools then it shall make such services available22
to any of its type Type 1, 3, 3B, or 4 charter schools on terms as provided within the23
charter agreement.24
* * *25
H. Any assets acquired by a Type 1, 1B, 2, 3, 3B, or 5 charter school are the26
property of that charter school for the duration of that school's charter agreement.27
Any assets acquired by a Type 4 charter school are the property of the local school28
board. If the charter agreement of any Type 1, 1B, 2, 3, 3B, or 5 charter school is29
revoked or the school otherwise ceases to operate, all assets purchased with any30 ENROLLED HB NO. 661
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public funds become the property of the chartering authority. Assets that become the1
property of a local charter authorizer pursuant to this Subsection shall be used solely2
for purposes of operating charter schools. Charter schools are to maintain records3
of any assets acquired with any private funds which remain the property of the4
nonprofit group operating the charter school.5
* * *6
§3995. Charter school funding7
A.(1) For the purpose of funding, a Type 1, Type 3, Type 3B, and Type 48
charter school shall be considered an approved public school of the local school9
board entering into the charter agreement and shall receive a per pupil amount each10
year from the local school board based on the October first membership count of the11
charter school. Type 1B and Type 2 charter schools shall receive a per pupil amount12
each year authorized by the state board each year as provided in the Minimum13
Foundation Program minimum foundation program approved formula. The per pupil14
amount provided to a Type 1, 1B, 2, 3, 3B, or 4 charter school shall be computed15
annually and shall be equal to no less than the per pupil amount received by the16
school district in which the charter school is located from the following sources17
based on the district's October first membership count:18
* * *19
(c) The provisions of this Paragraph permitting the calculation of the per20
pupil amount to be provided to a Type 1, 1B, 2, 3, 3B, or 4 charter school to exclude21
any portion of local revenues specifically dedicated by the legislature or by voter22
approval to capital outlay or debt service, shall be applicable only to a charter school23
housed in a facility or facilities provided by the district in which the charter school24
is located.25
* * *26
(3) Notwithstanding Paragraph (1) of this Subsection, a district with one or27
more Type 3B charter schools shall distribute minimum foundation program formula28
funds to each Type 1, 3, 3B, and 4 charter school using the weighted allocations29
provided for in the most recently adopted minimum foundation program formula,30 ENROLLED HB NO. 661
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except that any school board in a parish that contains a municipality with a1
population of three hundred thousand or more persons according to the latest federal2
decennial census shall use the allocation method provided for in this Paragraph no3
earlier than the 2018-2019 fiscal year for all Type 1 and 3 charter schools authorized4
by the school board and in operation prior to the 2013-2014 school year. Until that5
time, those schools shall be funded as provided in Paragraph (1) of this Subsection.6
For all other Type 1, 3, and 4 charter schools in such a parish, the school board may7
request the use of a differentiated distribution methodology to be approved by the8
state Department of Education prior to implementation.9
(4)(a)(i) The state board, a local school board, and a local charter authorizer10
may annually charge each charter school they authorize a fee in an amount equal to11
two percent of the total per pupil amount as defined by this Subsection that is12
received by a charter school for administrative overhead costs incurred by the13
chartering authority for considering the charter application and any amendment14
thereto, providing monitoring and oversight of the school, collecting and analyzing15
data of the school, and for reporting on school performance. Such fee amount shall16
be withheld from the per pupil amount in monthly increments and shall not be17
applicable to any federal money or grants received by the charter school.18
Administrative overhead costs shall not include any cost incurred by the chartering19
authority to provide purchased services to the charter school. As provided by20
Subparagraph (b) of this Paragraph, a chartering authority or the Recovery School21
District, if applicable, may provide other services for a charter school and charge the22
actual cost of providing such services, but no such arrangement shall be required as23
a condition for authorizing the charter school.24
(ii) The state Department of Education may withhold and retain from state25
funds otherwise allocated to a local public school system through the minimum26
foundation program formula an amount equal to one quarter of one percent of the fee27
amount charged to a Type 3B charter school pursuant to Item (i) of this28 ENROLLED HB NO. 661
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Subparagraph for administrative costs incurred by the department for providing1
financial oversight and monitoring of such charter schools.2
* * *3
B. For each pupil enrolled in a charter school who is entitled to special4
education services, any state special education funding beyond that provided in the5
minimum foundation program and any federal funds for special education for that6
pupil that would have been allocated for that pupil shall be allocated to the charter7
school which the pupil attends. Any Type 2 charter school shall be considered the8
local education agency for the purposes of any special education funding or statutory9
definitions, while the local school board shall remain the local education agency for10
any Type 1, 3, or 4 charter school.11
* * *12
H. Any Type 1B, 2, or 5 charter school shall be considered the local13
education agency for funding purposes and statutory definitions pursuant to rules14
adopted by the state board.15
I. The local school board shall remain the local education agency for any16
Type 1, 3, or 4 charter school.17
J. A Type 5 charter school shall have the option to remain its own local18
education agency for funding purposes and statutory definitions upon conversion to19
a Type 3B charter school pursuant to rules adopted by the state board. Pursuant to20
this Subsection, the state board shall adopt rules for a Type 3B charter school21
considered its own local education agency and such rules shall:22
(1) Provide for the delineation of financial and programmatic obligations of23
the charter school related to the receipt of funds as a local education agency.24
(2) Authorize the state superintendent of education to rescind the local25
education agency status of a charter school should the charter school fail to meet the26
financial and programmatic obligations approved by the state board pursuant to this27
Subsection.28
§3996. Charter schools; exemptions; requirements29
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C. A charter school established and operated in accordance with the1
provisions of this Chapter shall comply with state and federal laws and regulations2
otherwise applicable to public schools with respect to civil rights and individuals3
with disabilities. Any Type 1B, Type 2, or Type 5 charter school shall be considered4
the local education agency for the purposes of any special education funding or5
statutory definitions, while the local school board shall remain the local education6
agency for any Type 1, 3, or 4 charter school.7
* * *8
G. All charter schools established and operated in accordance with the9
provisions of this Chapter shall comply with the provisions of R.S. 39:1301 through10
1315. Each Type 1, 3, 3B, and 4 charter school annually shall submit its budget to11
the local school board that approved its charter, and such board shall submit the12
charter school's budget to the state superintendent of education in accordance with13
the provisions of R.S. 17:88. Each Type 1B charter school annually shall submit its14
budget to its authorizer. Each Type 2 and Type 5 charter school annually shall15
submit its budget directly to the state superintendent of education.16
* * *17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: